B-126537, FEB. 7, 1956
Highlights
TO HONORABLE SECRETARY OF AGRICULTURE: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 30. REQUESTING A DECISION WHETHER YOUR DEPARTMENT IS REQUIRED TO RECOVER PAYMENTS MADE TO ST. IT IS EXPLAINED THAT UNDER THE PROVISIONS OF THE NATIONAL SCHOOL LUNCH ACT (42 U.S.C. 1751 ET SEQ.). LUNCHES ARE SERVED IN ANOTHER BUILDING. THE PAYMENTS INVOLVED HAVE BEEN QUESTIONED IN THE ADMINISTRATIVE AUDIT OF PAYMENTS MADE ST. IT IS REPORTED THAT ST. ELIZABETH'S HOME IS A CHARITABLE INSTITUTION LOCATED IN THE PARISH OF ST. COPIES OF WHICH WERE ENCLOSED WITH YOUR LETTER. INDICATE THAT THE PROGRAMS IN THE HOME WERE CONDUCTED WITH THE FULL KNOWLEDGE AND APPROVAL OF THE AUTHORITIES OF THE SCHOOL AND THAT HAD THE REQUIREMENTS FOR ELIGIBILITY TO PARTICIPATE IN THE PROGRAMS BEEN FULLY UNDERSTOOD THE SCHOOL AUTHORITIES FORMALLY WOULD HAVE AUTHORIZED THE HOME TO CONDUCT THE PROGRAMS AS HAS BEEN DONE WITH RESPECT TO CURRENT OPERATIONS.
B-126537, FEB. 7, 1956
TO HONORABLE SECRETARY OF AGRICULTURE:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 30, 1955, REQUESTING A DECISION WHETHER YOUR DEPARTMENT IS REQUIRED TO RECOVER PAYMENTS MADE TO ST. ELIZABETH'S HOME, ROMAN CATHOLIC ASYLUM, PORTLAND, MAINE, IN CONNECTION WITH THE NATIONAL SCHOOL LUNCH AND THE SPECIAL SCHOOL MILK PROGRAMS FOR THE FISCAL YEAR 1955.
IT IS EXPLAINED THAT UNDER THE PROVISIONS OF THE NATIONAL SCHOOL LUNCH ACT (42 U.S.C. 1751 ET SEQ.) AND THE SPECIAL SCHOOL MILK PROGRAM CONDUCTED DURING THE FISCAL YEAR 1955 UNDER AUTHORITY OF SECTION 201 (C) OF THE AGRICULTURAL ACT OF 1949, AS AMENDED (7 U.S.C. 1446), THE DEPARTMENT HAS NOT CONSIDERED IT NECESSARY THAT A SCHOOL LUNCH OPERATION BE CONDUCTED IN THE SCHOOL BUILDING OR ON THE SCHOOL PREMISES. IN MANY CASES, BECAUSE OF SHORTAGE OF ADEQUATE SPACE OR FACILITIES IN THE SCHOOL BUILDINGS, LUNCHES ARE SERVED IN ANOTHER BUILDING, SUCH AS A CHURCH OR A CIVIC BUILDING.
THE AGREEMENT FORMS USED BOTH IN THE SCHOOL LUNCH PROGRAMS AND THE SPECIAL SCHOOL MILK PROGRAMS FOR NONPROFIT SCHOOLS PROVIDE FOR EXECUTION OF THE FORMS BY A "SPONSORING AGENCY" WHICH MIGHT BE THE GOVERNING BODY OF THE SCHOOL OR A PRIVATE NONPROFIT AGENCY SUCH AS A P.T.A., OR A CIVIC OR SERVICE GROUPS, WHICH WOULD ESTABLISH AND BE RESPONSIBLE FOR THE OPERATION OF THE PROGRAMS IN THE SCHOOL.
THE PAYMENTS INVOLVED HAVE BEEN QUESTIONED IN THE ADMINISTRATIVE AUDIT OF PAYMENTS MADE ST. ELIZABETH'S HOME FOR THE REASON THAT IN EXECUTING THE REQUIRED AGREEMENTS THE HOME, APPARENTLY DUE TO A MISUNDERSTANDING OF THE TERMS OF THE AGREEMENTS, NAMED ITSELF AS BOTH THE SPONSORING AGENCY AND THE SCHOOL WHEN IN FACT THE HOME HAS NO TEACHING FACILITIES. IT IS REPORTED THAT ST. ELIZABETH'S HOME IS A CHARITABLE INSTITUTION LOCATED IN THE PARISH OF ST. DOMINIC AND MAINTAINS LUNCHEON FACILITIES FOR THE PUPILS OF ST. DOMINIC'S SCHOOL AS WELL AS FOR THE CHILDREN OF THE HOME. THE CHILDREN OF THE HOME ATTEND ST. DOMINIC'S SCHOOL.
LETTERS ADDRESSED TO YOUR DEPARTMENT BY THE SCHOOL AND THE HOME, COPIES OF WHICH WERE ENCLOSED WITH YOUR LETTER, INDICATE THAT THE PROGRAMS IN THE HOME WERE CONDUCTED WITH THE FULL KNOWLEDGE AND APPROVAL OF THE AUTHORITIES OF THE SCHOOL AND THAT HAD THE REQUIREMENTS FOR ELIGIBILITY TO PARTICIPATE IN THE PROGRAMS BEEN FULLY UNDERSTOOD THE SCHOOL AUTHORITIES FORMALLY WOULD HAVE AUTHORIZED THE HOME TO CONDUCT THE PROGRAMS AS HAS BEEN DONE WITH RESPECT TO CURRENT OPERATIONS.
IN VIEW OF THE FOREGOING EXPLANATION IT APPEARS THAT THE PURPOSES OF THE PROGRAMS HAVE BEEN FULFILLED, THAT THE SCHOOL PROPERLY COULD HAVE PARTICIPATED IN THE PROGRAMS, AND THAT FORMAL ARRANGEMENTS WOULD HAVE BEEN MADE WITH THE HOME HAD THE PROVISIONS OF THE AGREEMENTS BEEN FULLY UNDERSTOOD. YOU ARE ADVISED, THEREFORE, THAT IF THE PAYMENTS IN QUESTION ARE OTHERWISE PROPER, THEY NEED NOT BE FURTHER QUESTIONED.